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Thursday, October 25, 2007
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What Is the Job of the Attorney General Anyway?

Alright... I might as well jump in with both feet and talk about how some are calling J.B. Van Hollen a RINO:

J.B. Van Hollen says he's a true-blue Republican. But his bridges with the GOP faithful could be smoldering.

First of all... shouldn't he be saying that he's a "true-red" Republican?  I thought the blue states were Democrat?  But I digress:

He's bagged an investigation into Democratic Gov. Jim Doyle's fundraising. He's issued legal opinions that say Wisconsin's ban on partial-birth abortion is probably toothless and the University of Wisconsin System can legally use race in admissions.

Just last month the Justice Department canceled plans for a prayer at a state Capitol service for murder victims after the Freedom From Religion Foundation objected.

Van Hollen insists he's conducting business as promised, placing the law before his personal beliefs.
...
"I'm not looking to turn this from a Democratic-activist attorney general's office into a Republican-activist attorney general's office," Van Hollen said. "I made that quite clear during the course of the campaign and I made it even clearer by my actions."

As per usual form in the blogosphere, there are a lot of wild claims being made.  And to be honest, I haven't investigated these specific issues enough to know for sure whether they had actual merit or not.  But from what I've read among those on the right so far, they seem to be more upset that Van Hollen isn't simply making rulings as they want, as opposed to what the law says.  That is not the job of the Attorney General.  The Attorney General's job is to enforce the law as it was passed by the legislature, not invent new law.

But let's be realistic here.  Nobody should be surprised at this reaction by Republicans.  Whenever one particular party is in the minority in the legislature, but holds power in an executive office, they suddenly want that executive office to be more powerful than it really is.  Everybody loves having a King when the King is from our party.  What people seem to forget is that there will always come a time when the King will be from the other party, and will get all those powers you granted the last guy too.

But... if you think that Van Hollen is wrong on his interpretation... show proof dammit!  Being Attorney General isn't about the end result... it's about the law that got you there.  So if you don't like the result, then quote the law that was misinterpreted.  Form matters in this case.  And will people stop quoting Jessica McBride on this issue please.  Can anyone honestly think that she can have an open mind when it comes to Van Hollen?

# Posted at 9:38 AM by Nick  |  Comment Feed Link 6 Comments  |  No Trackbacks

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Thursday, October 25, 2007 11:22:47 AM (Central Daylight Time, UTC-05:00)
Okay, I did.
http://wigdersonlibrarypub.blogspot.com/2007/08/van-hollen-on-inactive-list.html
http://wigdersonlibrarypub.blogspot.com/2007/05/commander-zero.html
http://wigdersonlibrarypub.blogspot.com/2007/04/business-as-usual.html
http://wigdersonlibrarypub.blogspot.com/2007/04/conservative-thing-to-do.html
http://wigdersonlibrarypub.blogspot.com/2007/04/maybe-theyre-too-busy-looking-for.html
http://wigdersonlibrarypub.blogspot.com/2007/03/van-hollen-case-finally-over.html

By the way, why is the Wisconsin Attorney General issuing an opinion on the satellite radio merger and federal anti-trust law? Isn't that beyond the scope of his office, a little AG activism?
Thursday, October 25, 2007 1:49:38 PM (Central Daylight Time, UTC-05:00)
You've done no such thing James. Those links you posted don't cite the law, or how Van Hollen's interpretation of the law is incorrect. You merely complain about how you don't like the end decision, which is precisely what I said isn't sufficient to do.
Thursday, October 25, 2007 2:59:26 PM (Central Daylight Time, UTC-05:00)
"After all, Van Hollen could've decided that the change in make-up in the US Supreme Court meant that there's a reasonable probability Wisconsin's ban on partial birth abortions would stand. Or he could have simply said the courts were wrong in this matter, but that it was unlikely the courts would agree with him in the short term. Either answer would have shown more intellectual vigor than Van Hollen has demonstrated so far.

The same answers could have been given in the question of racial preferences being used for admission to UW System universities. One could argue, as WISN's Mark Belling did, that Van Hollen was even behind current case law in the matter given a Supreme Court case ruling this last term.

If Van Hollen is unwilling to challenge the legal status quo, he'll have yielded the courts to the political left as much as if he had decided to not challenge Democrat Kathleen Falk in the general election."

Geez Nick.
Thursday, October 25, 2007 3:00:43 PM (Central Daylight Time, UTC-05:00)
And I ask again (mostly because the question doesn't have a ready answer)

"By the way, why is the Wisconsin Attorney General issuing an opinion on the satellite radio merger and federal anti-trust law? Isn't that beyond the scope of his office, a little AG activism?"
Thursday, October 25, 2007 3:04:40 PM (Central Daylight Time, UTC-05:00)
"If Van Hollen is unwilling to challenge the legal status quo, he'll have yielded the courts to the political left as much as if he had decided to not challenge Democrat Kathleen Falk in the general election."

Once again James, not Van Hollen's job. His job isn't to attempt to circumvent the Supreme Court, or even to say the Court was wrong. His job, is actually to give opinions, given the current state of of the law whether something is legal or not. Not to decide whether a ruling was correct or not, and not to decide whether something is good policy.

As to why he issued an opinion on Satellite radio... your guess is as good as mine. It would seem to be outside of his pervue.
Thursday, October 25, 2007 4:06:04 PM (Central Daylight Time, UTC-05:00)
JB could have issued that opinion b/c SOME state AG's intend to (or have already) filed opinions on the matter with the FCC. His opinion on the matter is based on State law, not Federal law.

Easy, no?

As to Belling's thoughts on SCOTUS decisions: I don't regard Belling as a legal theorist--do you, Wiggy?

And as to the p-b-a opinion--SCOTUS made a ruling on a similar State law (NE, IIRC.) JB was asked, by a PUBBIE, to clarify whether Wi. law would be sufficient to withstand a SCOTUS test, and the answer was "no."

Every man is entitled to his own opinion, but not his own facts...
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